Journal of the House

Second Regular Session, 91st General Assembly

FOURTEENTH DAY, Thursday, January 31, 2002

Speaker Kreider in the Chair.

Prayer by Representative Pat Kelley (47).

Gracious and Almighty God, we thank You for the air we breathe, the water we drink, the food we eat, for families and friends, preachers and teachers who have taught us about life and about You. We thank You for Your Word, Your Laws, Your moral Principles and Your Amazing Grace.

We, however, are all like the sheep that have gone astray. We have all sinned and fallen short of Your glory. We read the paper and neglect the Bible, we give speeches, but forget to pray, we use Your name more in vain than in reverence, we spend our time pursuing the desires of our hearts and have little time left to spend with You. We spend thousands on things and give You pennies. Our marriages, too often end in divorce. We produce children who, too often, are not allowed to be born. We neglect to teach our children about You. We disobey your laws, ignore Your teachings, and pursue our own ways.

Then we wonder what went wrong; why do we face so many problems. Oh Lord, we pray today that all of the people in this room, in our families and friends, in our communities, our state and our nation would recognize the error of our ways. We pray that in our newfound patriotism and unity of purpose, we will humble ourselves and pray, and seek Your face and turn from our wicked ways. We pray, O Lord, You will hear our prayers, forgive our sins and heal our land. We pray that we will recognize that You are our hope, and that we will believe in You, obey You, trust in You and follow You to the abundant life You want for us and to eternal life in Heaven.

The Pledge of Allegiance to the flag was recited.

The Journal of the thirteenth day was approved as corrected.

RESOLUTION

House Resolution No. 134 was taken up by Representative Kreider and read.

HOUSE RESOLUTION NO. 134

WHEREAS, the members of the Missouri House of Representatives occasionally pause in their diverse duties and responsibilities in order to acknowledge the spectacular attainments of Show-Me State college students who bring honor and glory to this state through the quality of their extracurricular competitive activities; and

WHEREAS, the Students in Free Enterprise (SIFE) team at Drury University in Springfield, Missouri, enjoyed a year-long series of accomplishments during the 2000-2001 school year, including the operation of an on-campus "Smal-Mart" convenience store for which team members had complete responsibility for negotiating contracts with suppliers, designing cash collection and accounting procedures, loss control, and security; continued development and operation of the "YEA!" web-based Young Entrepreneurs Association which is devoted to free enterprise education for middle school teachers and students, has grown to include 510 schools in 17 countries and all 50 states, and includes a real-time stock market simulation and hundreds of lesson plans and activities designed and tested by SIFE students; and the "Building for Tomorrow" program which began as pen-pal relationships with at-risk middle school students in Laredo, Texas, and culminated with a visit to Laredo to conduct a three-day educational program built around the principles of free enterprise, ethical marketing, entrepreneurship, and a "mercado" in which 800 customers purchased products designed and produced by the middle school students; and

WHEREAS, after garnering a wealth of experience and knowledge throughout the school year, Drury University SIFE students attended the SIFE USA Championships at Bartle Hall in Kansas City where they competed against 111 four-year colleges and universities and took Top Honors for their multimedia presentation detailing their accomplishments of the year; and

WHEREAS, in their well-deserved role as SIFE USA Champion, the Drury University team represented their country at the inaugural SIFE World Cup event which was held in London, England, on July 11 through July 13, 2001, with teams from twenty-three nations competing and which added another First Place victory to the SIFE team's roster of successful activities:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri House of Representatives, Ninety-first General Assembly, join unanimously to applaud the impressive, groundbreaking achievements of the Students in Free Enterprise team fielded by Drury University during the 2000-2001 school year and to convey to all thirty-five students and their coach this legislative body's heartiest congratulations for taking First Place at the SIFE USA Championships and subsequently earning the SIFE World Cup in international competition; and

BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare a properly inscribed copy of this resolution in honor of the 2000-2001 Drury University Students in Free Enterprise team.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 155

through

House Resolution No. 159 - Representative Lawson

House Resolution No. 160 - Representative Rector

House Resolution No. 161 - Representative Boykins

House Resolution No. 162 - Representative Mayer

House Resolution No. 163 - Representative Behnen

SECOND READING OF HOUSE CONCURRENT RESOLUTION

HCR 12 was read the second time.

SECOND READING OF HOUSE JOINT RESOLUTION

HJR 44 was read the second time.

SECOND READING OF HOUSE BILLS

HB 1701 through HB 1742 were read the second time.

COMMITTEE REPORT

Committee on Fiscal Review and Government Reform, Chairman Hollingsworth reporting:

Mr. Speaker: Your Committee on Fiscal Review and Government Reform, to which was referred HS HB 1399 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

THIRD READING OF HOUSE BILL

HS HB 1399, relating to World War II Medals, was taken up by Representative Ransdall.

On motion of Representative Ransdall, HS HB 1399 was read the third time and passed by the following vote:

Speaker Kreider declared the bill passed.

The emergency clause was adopted by the following vote:

REFERRAL OF HOUSE RESOLUTIONS

The following House Resolutions were referred to the Committee indicated:

HR 26 - Miscellaneous Bills & Resolutions

HR 51 - Banks and Financial Institutions

HR 67 - Miscellaneous Bills & Resolutions

HR 124 - Miscellaneous Bills & Resolutions

HR 136 - Miscellaneous Bills & Resolutions

HR 137 - Miscellaneous Bills & Resolutions

REFERRAL OF HOUSE CONCURRENT RESOLUTIONS

The following House Concurrent Resolutions were referred to the Committee indicated:

HCR 9 - Social Services, Medicaid and the Elderly

HCR 10 - Commerce and Economic Development

REFERRAL OF HOUSE BILLS

The following House Bills were referred to the Committee indicated:

HB 1401 - Education-Elementary and Secondary

HB 1402 - Utilities Regulation

HB 1403 - Labor

HB 1404 - Fiscal Review and Government Reform

HB 1406 - Education-Higher

HB 1409 - Professional Registration and Licensing

HB 1411 - Motor Vehicle and Traffic Regulations

HB 1412 - Motor Vehicle and Traffic Regulations

HB 1413 - Correctional and State Institutions

HB 1414 - Professional Registration and Licensing

HB 1416 - Motor Vehicle and Traffic Regulations

HB 1418 - Conservation, State Parks and Mining

HB 1421 - Miscellaneous Bills & Resolutions

HB 1422 - Critical Issues, Consumer Protection and Housing

HB 1425 - Civil and Administrative Law

HB 1426 - Retirement

HB 1427 - Labor

HB 1428 - Judiciary

HB 1430 - Criminal Law

HB 1432 - Miscellaneous Bills & Resolutions

HB 1433 - Criminal Law

HB 1434 - Judiciary

HB 1436 - Correctional and State Institutions

HB 1438 - Motor Vehicle and Traffic Regulations

HB 1439 - Agriculture

HB 1441 - Education-Higher

HB 1442 - Transportation

HB 1444 - Children, Families and Health

HB 1445 - Civil and Administrative Law

HB 1446 - Insurance

HB 1447 - Criminal Law

HB 1448 - Motor Vehicle and Traffic Regulations

HB 1450 - Labor

HB 1451 - Miscellaneous Bills & Resolutions

HB 1452 - Banks and Financial Institutions

HB 1453 - Retirement

HB 1454 - Civil and Administrative Law

HB 1455 - Retirement

HB 1456 - Civil and Administrative Law

HB 1457 - Local Government and Related Matters

HB 1459 - Agriculture

HB 1464 - Motor Vehicle and Traffic Regulations

HB 1468 - Insurance

HB 1469 - Social Services, Medicaid and the Elderly

HB 1470 - Elections

HB 1471 - Civil and Administrative Law

HB 1472 - Environment and Energy

HB 1473 - Insurance

HB 1475 - Fiscal Review and Government Reform

HB 1476 - Local Government and Related Matters

HB 1477 - Education-Higher

HB 1478 - Motor Vehicle and Traffic Regulations

HB 1481 - Children, Families and Health

HB 1482 - Utilities Regulation

HB 1483 - Criminal Law

HB 1485 - Social Services, Medicaid and the Elderly

HB 1487 - Fiscal Review and Government Reform

HB 1488 - Urban Affairs

HB 1489 - Criminal Law

HB 1490 - Criminal Law

HB 1491 - Education-Higher

HB 1492 - Elections

HB 1494 - Elections

HB 1495 - Elections

HB 1496 - Miscellaneous Bills & Resolutions

HB 1499 - Fiscal Review and Government Reform

HB 1500 - Utilities Regulation

HB 1502 - Insurance

HB 1532 - Local Government and Related Matters

HB 1584 - Transportation

HB 1625 - Education-Elementary and Secondary

HB 1656 - Judiciary

HB 1711 - Budget

COMMITTEE REPORTS

Committee on Civil and Administrative Law, Chairman Smith reporting:

Mr. Speaker: Your Committee on Civil and Administrative Law, to which was referred HB 1151, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Mr. Speaker: Your Committee on Civil and Administrative Law, to which was referred HB 1154, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

INTRODUCTION OF HOUSE CONCURRENT RESOLUTION

The following House Concurrent Resolution was read the first time and copies ordered printed:

HCR 13, introduced by Representative Bowman, et al, relating to the Temporary Assistance for Needy Families program.

INTRODUCTION OF HOUSE JOINT RESOLUTION

The following House Joint Resolution was read the first time and copies ordered printed:

HJR 45, introduced by Representative Hollingsworth, relating to gubernatorial appointments.

INTRODUCTION OF HOUSE BILL - APPROPRIATIONS

The following House Bill was read the first time and copies ordered printed:

HB 1115, introduced by Representative Green (73), to appropriate money for supplemental purposes for the several departments and offices of state government, and for the payment of various claims for refunds, for persons, firms, and corporations, and for other purposes, and to transfer money among certain funds, from the funds designated for the fiscal period ending June 30, 2002.

INTRODUCTION OF HOUSE BILLS

The following House Bills were read the first time and copies ordered printed:

HB 1743, introduced by Representatives Shoemyer (9), Holand, Nordwald, Behnen, Hegeman and Shields, et al, relating to using lasers for dentistry.

HB 1744, introduced by Representatives Abel, Ostmann, Fraser and Franklin, et al, relating to a moratorium on new billboard construction.

HB 1745, introduced by Representative Koller, relating to a memorial highway.

HB 1746, introduced by Representative Koller, relating to electric personal assistive mobility devices.

HB 1747, introduced by Representatives Kelly (27) and Carnahan, relating to mental health treatment and care of children.

HB 1748, introduced by Representatives Ransdall, Mayer, Myers, Phillips, Townley, Lawson and Hampton, et al, relating to drinking water primacy fees.

HB 1749, introduced by Representatives Monaco, Hosmer, Wright, Champion, Willoughby, Britt and Johnson (90), et al, relating to certain sexual offenses.

HB 1750, introduced by Representatives Lawson, Clayton, Moore, Luetkenhaus, Myers, Walton, Merideth, Whorton, Hohulin, Hunter, Selby and Shields, et al, relating to fuels offered for sale.

HB 1751, introduced by Representatives Lawson, Berkstresser, Clayton, Whorton, Berkowitz, Robirds, Overschmidt, McKenna, Shields, Moore, Kelly (27) and Villa, et al, relating to the tourism supplemental revenue fund.

HB 1752, introduced by Representative Graham, relating to the regulation of stretcher vans.

HB 1753, introduced by Representatives Gratz, Whorton and Shoemaker (8), relating to small businesses.

HB 1754, introduced by Representatives Gratz, Richardson, Whorton, Hampton and Shoemaker (8), relating to the environmental regulations consistency act.

HB 1755, introduced by Representatives Merideth, Robirds and Overschmidt, relating to special license plates.

HB 1756, introduced by Representatives Reid, Hosmer, Holt, Britt, Mayer and Luetkenhaus, et al, relating to sexual offenders.

HB 1757, introduced by Representatives George, Lograsso and Hoppe, relating to Sunday liquor sales by the drink by establishments within an international airport.

HB 1758, introduced by Representatives Jolly, Monaco, Hosmer, Britt and Harding, relating to canine certification and training.

HB 1759, introduced by Representatives Jolly, Britt, Campbell, Lowe, Boucher, Wilson (42), Bland, Harding, Curls, Monaco and Copenhaver, et al, relating to insufficient funds checks.

HB 1760, introduced by Representatives Mayer, Richardson, Bartle, Hosmer, Britt, Hunter and Merideth, relating to stealing.

HB 1761, introduced by Representative Gaskill, relating to classification of counties.

HB 1762, introduced by Representatives Harding, Boykins, Lowe, Barry, Merideth, Kelly (27), Bland and Jolly, et al, relating to protection of privacy for credit cardholders.

HB 1763, introduced by Representatives Campbell and Copenhaver, relating to regulations of mobile telephone use by operators of motor vehicles.

HB 1764, introduced by Representatives Dempsey and Crowell, relating to terrorism.

HB 1765, introduced by Representative Bray, relating to simplified sales and use tax administration.

HB 1766, introduced by Representatives Monaco, Boucher, Rizzo, Riback Wilson (25), Troupe, Bray and Hilgemann, et al, relating to judicial sentencing.

HB 1767, introduced by Representatives Crawford, Moore, Hunter, Cunningham, Quinn, Holt, Rector, Holand, Crowell, Shoemaker (8), Froelker, Bartelsmeyer, Berkstresser, Behnen, Robirds, King, Merideth, Myers, Cooper and Black, relating to payroll deductions.

HB 1768, introduced by Representatives Hosmer and Smith, et al, relating to liens of a judgement or decree on real estate.

HB 1769, introduced by Representative Hoppe, relating to nuisance abatement.

HB 1770, introduced by Representative Townley, relating to confidentiality of mental health records.

HB 1771, introduced by Representatives Barry and Reid, relating to emergencies.

HB 1772, introduced by Representatives Clayton, Dempsey and Byrd, relating to motor vehicle agency fees.

HB 1773, introduced by Representatives Shelton and Carnahan, relating to the police force in certain cities.

HB 1774, introduced by Representatives Crawford, Moore, Hunter, Quinn, Holt, Hegeman, Shoemaker (8), Barry, Reinhart, Bartelsmeyer, Berkstresser, Daus, Robirds, King, Cooper and Black, relating to overtime pay for state employees.

WITHDRAWAL OF HOUSE BILL

January 31, 2002

Mr. Ted Wedel

Chief Clerk of the House

State Capitol Building

Jefferson City, MO 65101

Dear Mr. Wedel:

I request that HJR 44 (proposing a constitutional amendment guaranteeing the right to hunt, fish, and harvest game) be withdrawn today.

Sincerely,

/s/ Nancy Copenhaver

State Representative

District 22

The following members' presence was noted: Hoppe, Nordwald, Troupe and Robirds.

ADJOURNMENT

On motion of Representative Crump, the House adjourned until 4:00 p.m., Monday, February 4, 2002.

CORRECTIONS TO THE HOUSE JOURNAL

Correct House Journal, Thirteenth Day, Wednesday, January 30, 2002, page 166, by deleting line 6.

COMMITTEE MEETINGS

AGRICULTURE - SUBCOMMITTEE NUMBER THREE

Wednesday, February 6, 2002, 8:00 a.m. Hearing Room 1.

Representative from the Department of Agriculture.

Grant funding and use of present programs.

APPROPRIATIONS - EDUCATION

Monday, February 4, 2002, 1:00 p.m. Hearing Room 1.

Continuation of Colleges, Universities, Community Colleges.

University of MO Public testimony. AMENDED.

CANCELLED.

APPROPRIATIONS - EDUCATION

Tuesday, February 5, 2002. Hearing Room 1 upon adjournment.

University of MO, Southeast MO, MO Southern, Community Colleges.

Public testimony. AMENDED.

APPROPRIATIONS - EDUCATION

Wednesday, February 6, 2002. Hearing Room 1 upon adjournment.

Mark-up continued. CANCELLED.

APPROPRIATIONS - EDUCATION

Thursday, February 7, 2002. Hearing Room 1 upon adjournment.

Mark-up continued. CANCELLED.

APPROPRIATIONS - GENERAL ADMINISTRATION

Monday, February 4, 2002, 1:00 p.m. Hearing Room 7.

Office of Administration

APPROPRIATIONS - HEALTH AND MENTAL HEALTH

Monday, February 4, 2002, 1:30 p.m. Hearing Room 6.

Mark-up. CANCELLED.

APPROPRIATIONS - HEALTH AND MENTAL HEALTH

Tuesday, February 5, 2002. Hearing Room 6 upon adjournment or 11:00 a.m.

Mark-up.

APPROPRIATIONS - HEALTH AND MENTAL HEALTH

Wednesday, February 6, 2002. Hearing Room 6 upon adjournment or 11:00 a.m.

Mark-up.

APPROPRIATIONS - NATURAL AND ECONOMIC RESOURCES

Monday, February 4, 2002, 12:30 p.m. Hearing Room 5.

Mark-up.

Departments of Insurance, Conservation and Agriculture.

APPROPRIATIONS - NATURAL AND ECONOMIC RESOURCES

Tuesday, February 5, 2002. Hearing Room 5 upon adjournment.

Mark-up.

Department of Economic Development and the Department of Labor and Industrial Relations.

APPROPRIATIONS - NATURAL AND ECONOMIC RESOURCES

Wednesday, February 6, 2002. Hearing Room 5 upon adjournment.

Mark-up.

Department of Natural Resources.

APPROPRIATIONS - SOCIAL SERVICES

Tuesday, February 5, 2002. Hearing Room 3 upon adjournment.

Department of Social Services. Public testimony.

APPROPRIATIONS - SOCIAL SERVICES

Wednesday, February 6, 2002. Hearing Room 3 upon adjournment.

Department of Social Services.

APPROPRIATIONS - TRANSPORTATION

Monday, February 4, 2002, 2:00 p.m. Hearing Room 4.

Budget.

APPROPRIATIONS - TRANSPORTATION

Tuesday, February 5, 2002. Hearing Room 7 upon morning adjournment.

Public testimony.

APPROPRIATIONS - TRANSPORTATION

Wednesday, February 6, 2002, 8:30 a.m. Hearing Room 7.

Public testimony.

APPROPRIATIONS - TRANSPORTATION

Thursday, February 7, 2002, 8:30 a.m. Hearing Room 7.

Public testimony.

BUDGET

Tuesday, February 5, 2002, 8:30 a.m. Hearing Room 3.

To be considered - HB 1115

BUDGET

Wednesday, February 6, 2002, 8:30 a.m. Hearing Room 3.

Presentation by Private Sector Commission to report on Missouri budgetary process.

BUDGET

Thursday, February 7, 2002, 8:30 a.m. Hearing Room 3.

To be considered - HB 1115

CHILDREN, FAMILIES, AND HEALTH

Tuesday, February 5, 2002, 3:00 p.m. Hearing Room 4.

Executive Session will follow.

To be considered - HB 1082, HB 1198, HB 1208

COMMERCE AND ECONOMIC DEVELOPMENT

Tuesday, February 5, 2002, 3:00 p.m. Hearing Room 6.

To be considered - HB 1370, HB 1376, HB 1377, HB 1395

CONSERVATION, STATE PARKS AND MINING

Tuesday, February 5, 2002, 8:30 a.m. Hearing Room 1. AMENDED.

Executive Session may follow.

To be considered - HB 1100, HB 1134, HB 1559

CORRECTIONAL & STATE INSTITUTIONS

Tuesday, February 5, 2002, 8:00 p.m. Hearing Room 7.

To be considered - HB 1078, HB 1594, HCR 3

CRIMINAL LAW

Wednesday, February 6, 2002, 8:00 p.m. Hearing Room 7.

To be considered - HB 1161, HB 1225, HB 1298, HB 1299, HB 1302, HB 1312, HB 1329, HB 1331

CRITICAL ISSUES, CONSUMER PROTECTION AND HOUSING

Monday, February 4, 2002, 8:00 p.m. Hearing Room 3.

To be considered - HB 1440

ELECTIONS

Tuesday, February 5, 2002, 7:30 p.m. Hearing Room 5. AMENDED.

Executive Session will follow.

To be considered - HB 1326, HB 1328, HB 1332, HB 1342

ENVIRONMENT AND ENERGY

Monday, February 4, 2002. Side gallery upon adjournment.

To be considered - Executive Session - HB 1149

JUDICIARY

Tuesday, February 5, 2002, 3:00 p.m. Hearing Room 5.

To be considered - HB 1055, HB 1139, HB 1244, HB 1434

LABOR

Tuesday, February 5, 2002, 5:30 p.m. Hearing Room 3.

To be considered - HB 1318, HB 1592, Executive Session - HB 1054

MOTOR VEHICLE AND TRAFFIC REGULATIONS

Tuesday, February 5, 2002, 3:00 p.m. Hearing Room 1.

To be considered - HB 1159, HB 1242, HB 1307, HB 1308, HB 1320, HB 1343, HB 1391, HB 1397

PUBLIC SAFETY, LAW ENFORCEMENT AND VETERAN AFFAIRS

Tuesday, February 5, 2002, 8:30 a.m. Hearing Room 6.

Executive Session may follow.

To be considered - HB 1373, HB 1398

WAYS AND MEANS

Tuesday, February 5, 2002. Hearing Room 2 upon morning adjournment.

Executive Session prior to hearing.

To be considered - HB 1178, HB 1180, HB 1372

HOUSE CALENDAR

FIFTEENTH DAY, MONDAY, FEBRUARY 4, 2002

HOUSE CONCURRENT RESOLUTION FOR SECOND READING

HCR 13

HOUSE JOINT RESOLUTION FOR SECOND READING

HJR 45

HOUSE BILLS FOR SECOND READING

HB 1743 through HB 1774

HOUSE BILL FOR SECOND READING - APPROPRIATIONS

HB 1115

HOUSE BILL FOR PERFECTION

HCS HB 1154 - Smith

HOUSE BILLS FOR PERFECTION - CONSENT

(January 30, 2002)

1 HB 1519 - Boucher

2 HB 1192 - Harding

(February 4, 2002)

HB 1151 - Smith

Missouri House of Representatives